Party Membership, Locus Standi and Other Key Points Tinubu Used to Counter Peter Obi at Election Tribunal

Party Membership, Locus Standi and Other Key Points Tinubu Used to Counter Peter Obi at Election Tribunal

  • Ahead of the much-anticipated presidential election petition tribunal ruling, Peter Obi and Bola Tinubu are caught in the web of a pre-tribunal battle
  • Petitions have begun to flood in from different opposition parties to challenge the victory of Tinubu
  • However, the ruling party's legal team has released its counter-petitions against Peter Obi with many intriguing revelations

The ongoing legal battle between the Labour Party (LP)’s flagbearer Peter Obi and the president-elect Bola Tinubu of the All Progressive Congress (APC) has reached a fever pitch.

Obi, who filed a series of petitions against the Independent National Electoral Commission (INEC) challenging Tinubu’s victory at the February 25 presidential polls, is currently facing a counter-petition from the legal team of the president-elect.

APC, LP
APC's counter-petition reveals that Peter Obi was not a bona fide presidential candidate of the Labour Party during the polls. Photo: Aiwaju Bola Ahmed Tinubu, Mr Peter Obi
Source: UGC

Earlier in the week, the ruling party filed a counter-suit through Thomas Ojo, the party’s legal team member, to challenge Obi’s petitions.

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Below are the five significant points the APC used to counter Obi’s petitions:

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1. Peter Obi's invalidity as a member of the Labour Party

As reported by TheCable, the legal team of the APC, in its counter-petition, said Obi was not a verified member of the Labour Party during the presidential polls.

The legal team of the APC revealed that his membership with the Peoples Democratic Party (PDP) before his departure to LP was still valid until May 24, 2022, and he was later screened for the presidential race in April 2022.

The counter-petition reads partly:

“1st petitioner (referring to Peter Obi) participated and was cleared to contest the presidential election while being a member of the People’s Democratic Party (PDP).
“1st petitioner purportedly resigned his membership of Peoples Democratic Party on 24 May 2022 to purportedly join the 2nd Petitioner (Labour Party) on 27 May 2022.

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2. Obi participated in PDP primary screening and was cleared to contest

During his stint as a PDP member, the APC noted that Obi was cleared to compete in the primary election before decamping to the Labour Party.

The APC counter-petition holds that Obi had contravened Section 77(3) of the Electoral Act of 2022.

The petition reads:

“2nd petitioner conducted its presidential primary on 30th May 2022, which purportedly produced 1st petitioner as its candidate, which time contravened section 77(3) of the Electoral Act for him to contest the primary election as a member of the 2nd petitioner."
“The 1st petitioner was not a member of the 2nd Petitioner as at the time of his alleged sponsorship."

3. Obi’s name failed to reach INEC before deadline

As reported by Premium Times, APC's attorney argued that Obi once again violated Section 77(3) of the Electoral Act of 2022 on the premise that his name failed to make it to the INEC office before the stipulated 30 days deadline issued by the electoral body before the commencement of the primary election.

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Ojo said:

“as at 30 April, 2022, was still a member of the PDP and his name was not and could not have been in the register of members submitted by…”

4. Obi's case “lacks locus standi”

Furthermore, the APC argued that Obi’s petition lacks locus standi to challenge the election outcome because LP “did not present a valid candidate for that election”.

The ruling party submitted that the tribunal does not have the powers to entertain “pre-election complaints embedded” in Obi’s petition.

Will Peter Obi defeat Tinubu in court? Chimamanda Adichie speaks

Meanwhile, the credibility and transparency of the Supreme Court have once again been brought to the fore.

Novelist Chimamanda Ngozi Adichie revealed her doubts about the Supreme Court in the upcoming Presidential Election Petition Tribunal ruling.

She stated that the apex court's antecedents spark many worries while noting that she remains optimistic that justice would be served.

Source: Legit.ng

Authors:
Segun Adeyemi avatar

Segun Adeyemi (Current Affairs and Politics Editor) Segun Adeyemi is a journalist with over 9 years of experience as an active field reporter, editor, and editorial manager. He has had stints with Daily Trust newspaper, Daily Nigerian, and News Digest. He currently works as an editor for Legit.ng's current affairs and politics desk. He holds a degree in Mass Communication (Adekunle Ajasin University). He is a certified digital reporter by Reuters, AFP and the co-convener of the annual campus journalism awards. Email: segun.adeyemi@corp.legit.ng.